It can be difficult to see a loved one’s mental or physical capabilities decline over time. Unfortunately, sometimes the situation becomes so serious that a guardian must be appointed. A guardian becomes necessary when the person is incapable of taking care of their own affairs and they didn’t designate a power of attorney before they became incapacitated. This is a situation that must be treated delicately and with respect for the incapacitated individual.
In New Jersey, guardianship is seen as a last resort. Rushing the process can not only make it more difficult but can also cause disagreements between the incapacitated person’s loved ones, adding more stress to an already difficult time. In the absence of a power of attorney, guardianship is sometimes the only option. When it comes to guardianship, the guardian of the property takes care of an incapacitated person’s financial affairs, while the guardian of the person handles their care planning.
At our firm, we understand that pursuing a guardianship can be a difficult process. It is important to respect the incapacitated person’s rights and to involve them in the process to the greatest extent possible. Sometimes, a limited guardianship is possible, allowing the disabled or elderly person to continue to make their own care decisions, while having a guardian oversee their financial matters.
If a guardianship is not done correctly, it can be an expensive and time-consuming process. Thus, we do our utmost to ensure that the process runs smoothly and that the appropriate choices are made.